Room Board and Watchful Oversight (RBWO)

Quick Reference Guide for the RBWO Approved Provider Contract

Section / Paragraph / Title / Summary
I
General Contract Provisions / 101 / Contract Between /
  • This contract is between the Department of Human Resources (DHR) and an individual or agency (Contractor) whom is legally empowered to contract pursuant to the Georgia Nonprofit Corporation Code.
  • This contract is made under and will be enforced according to the laws of the State of Georgia.
  • Minority business enterprises will have maximum opportunity to participate in the State purchasing and contracting process. The use of minority subcontractors is also encouraged.
  • This contract will not be construed to constitute the Contractor or any of its employees, agents or subcontractors as a partner, employee or agent of DHR (Independent Contractor).

I / 102 / Period of Contract /
  • RBWO contracts have an effective date that typically corresponds with the State fiscal year of July 1st – June 30th.

I / 103 / Department and Contractor Contact Information / A. The mailing addresses, telephone numbers and contact persons for the Department and the Contractor may be changed during the term of this contract by written notification. The Department’s current mailing address and telephone number for correspondence, reports and other matters relative to this contract, expect as otherwise indicated, are listed below:
  • For Programmatic issues – Georgia Department of Human Resources, Division of Family and Children Services, Provider Relations Unit, Attn: Unit Manager, Two Peachtree St. N.W., 18th Floor, Atlanta, GA 30303-3142 – Telephone (404) 657-3460
  • For Fiscal issues - Georgia Department of Human Resources, Division of Family and Children Services, Fiscal Services Section, Attn: Unit Manager, Two Peachtree St. N.W., 18th Floor, Atlanta, GA 30303-3142 – Telephone (404) 463-7275.
B. The Contractors mailing address and phone number for correspondence, reports, contract payment checks or remittance advice and other matters relative to this contract must be included in the contract.
C. The Contractor may not add or move contracted service delivery sites during the term of this contract without prior written notification to the DFCS Provider Relations Unit of the Contractors intent to add or move sites. This applies to Child Caring Institutions and Child Placing Agencies desiring to expand office locations but does not apply to Child Placing Agencies increasing the number of foster homes at an approved site.
I / 104 / Nondiscrimination by Contractors and Subcontractors / A. The Contractor agrees to comply with federal and state laws, rules and regulations, in the Department’s policy relative to nondiscrimination in employment practices because of political affiliation, religion, religious beliefs, race, color, gender, disability, age, creed, veteran status or national origin. Under no circumstances will any government monies, either directly, or indirectly, fund or support the employment of non-secular positions, or any of the non-secular programs in services that the Contractor provides.
B. The Contractor agrees to comply with federal and state laws, rules and regulations and the Department’s policy relative to nondiscrimination in consumer/customer/client and consumer/customer/client service practices. The Contractor agrees that it will not discriminate against any person because of political affiliation, religion, religious belief, race, color, gender, disability, age, creed, veteran status, sexual orientation, HIV/AIDS status or national origin.
C. The Contractor agrees to comply with all applicable provisions of the American’s with Disabilities Act and any relevant federal and state laws, rules and regulations regarding employment practices toward individuals with disabilities and the availability/accessibility of the programs, activities or services for consumers/customers/clients with disabilities.
D. The Contractor agrees to require any subcontractor performing services funded through this contract to comply with all provisions of the federal and state laws, rules, regulations and policies described in this paragraph.
I / 105 / Government-Funded Religious Activities /
  • The Contractor agrees that it shall not engage in religious activities including religious worship, instruction, proselytization or promotion funded in whole or in part with government monies.
  • However, children in state custody have a right to voluntarily participate in religious activities and to follow their own religious beliefs.

I / 106 / Confidentiality of Individual Information /
  • The Contractor agrees to abide by all state and federal laws, rules and regulations and the Department of Human Resources policy on respecting confidentiality of an individual’s records.
  • The Contractor agrees not to divulge any information concerning any individual or any unauthorized person without their written consent of the individual employee, consumer/customer/client or responsible parent or guardian.

I / 107 / Conflict of Interest /
  • The Contractor and the Department certify that the provisions of the Official Code of Georgia Annotated that prohibit and regulate certain transactions between certain state officials or employees and the State of Georgia, have not been violated and will not be violated in any respect.

I / 108 / Contract Modification or Alteration / A. No modification or alteration of this agreement, except for budget revisions that do not increase or decrease the total dollar value of the contract which have been approved in advance by the department, will be valid or effective unless such modification is made in writing and signed by both parties.
B. In the event that either of the sources of reimbursement for services under this contract (appropriations from the General Assembly of the State of Georgia or the Congress of the United States of America) are reduced using the term of this contract, the Department has the absolute right to make financial and other adjustments to this contract and to notify the Contractor accordingly.
I / 109 / Department’s Right to Suspend Contract /
  • The Department reserves the right to suspend the contract/sub-grant in whole or in part if it appears to the Department that the Contractor is failing to comply with the duties required under this contract.

I / 110 / Severability /
  • Any agreement of the parties to amend, modify, eliminate or otherwise change any part of this contract shall not affect any other part of this contract and the remainder of this contract shall continue to be of full force and effect.

I / 111 / Termination / A. In the event that either of the sources of reimbursement for services under this contract (appropriations from the General Assembly of the State of Georgia or the Congress of the United States of America) no longer exist or in the event the sum of all obligations of the Department incurred under this and all other contracts entered into for this program exceeds the balance of such contract sources, then this contract will immediately terminate without further obligation of the Department as of that moment.
B. This contract may be terminated for cause, in whole or in part, at any time by the Department for failure of the Contractor to perform any of the provisions hereof.
C. This contract may be terminated by the Contractor for any reason with 60 days prior written notice to the Department. This contract may be terminated by the Department for any reason with 30 days prior written notice to the Contractor.
D. This contract may be immediately terminated if any of the following events occur: the Contractor becomes insolvent; the Contractor or subcontractor violates any applicable provision of federal or state law or regulation; the contractor knowingly provides fraudulent, misleading or misrepresentative information to any consumer/customer/client of the Department or to the Department; the Contractor exhibits an inability to meet its financial or services obligations under this contract; any type of bankruptcy petition is filed by or against the Contractor; an assignment is made by the Contractor for the benefit of creditors; a proceeding for the appointment of a receiver, custodian, trustee or similar agent is initiated with respect to the Contractor; the Contractor or any subcontractor fails to protect or potentially threatens the health or safety of any consumer/customer/client; the Contractor is debarred or suspended from performing public contracts or is subject to exclusion from participation in the Medicaid or Medicare programs; the Contractor or subcontractor fails to comply with the provisions of federal or state nondiscrimination or religious activity rules, law or regulations; or if the Contractor or subcontractor fails to report suspected abuse or neglect of a child in the care of the Department.
E. Under all circumstances in which this contract ends under provisions A, B, C or D of this paragraph the Contractor will be required to submit the final contract expenditure report no later than 45 days after the effective date of the written notice of termination and will not incur any new obligations after the effective date of the termination.
I / 112 / Cooperation in Transition of Services /
  • The Contractor agrees upon termination of this contract to effectuate the smooth and reasonable transition of the care and services for consumers/customers/clients as directed by the Department.
  • The Contractor agrees that should they go out of business, all original records of consumers/customers/clients served pursuant to this contract shall be transferred by the Contractor to the Department.

I / 113 / Force Majeure /
  • Each party will be excused from performance under this contract due to delays caused by an act of God, civil disturbance, civil or military authority, war, court order or acts of public enemy.

I / 114 / Access to Records and Investigation / A. The state and federal government and the Department shall have full and complete access to all consumer/customer/client records, administrative records, financial records and pertinent correspondence. Contractors and subcontractors must retain all such records for six years from submission of final expenditure report.
B. The Contractor agrees that the DHR Office of Regulatory Services has full authority to investigate any allegation of misconduct in performance of duties arising from this contract made against an employee of the Contractor.
C. The Department shall have the right to monitor and inspect the operations of the Contractor and any subcontractor for compliance with the provisions of this Contract. The Department will provide the Contractor with a report of any findings and recommendations and may require the contractor to develop corrective action plans as appropriate.
I / 115 / Collection of Audit Exceptions /
  • The Contractor agrees that the Department may withhold net payments equal to the amount that has been identified as owed to the Department by audit.

I / 116 / Subcontracts / A. The decision to subcontract for services called for in this contract requires no prior approval by the Department. Subcontracting must be in writing and the Contractor agrees to be responsible for the performance of any subcontractor performing duties related to this contract.
B. During the term of this contract, the Contractor further agrees to notify the Department in writing with in 30 days of the addition or deletion of subcontractors for the services specified in this contract.
I / 117 / Publicity / A. Contractors must ensure that any publicity given to the program or services provided herein identify the Department as a sponsoring agency. Publicity materials must be approved by the Department’s managing programmatic division/office.
B. If the Contractor is a county board of health, the Commissioner’s Office of Communications must be notified prior to major publicity and/or media campaigns.
I / 118 / Inventions, Patents, Copyrights, Intangible Property and Publications / A. Inventions and patents – The Contractor agrees if patentable items, patent rights, processes, or inventions are produced in the course of work supported and funded by this contract, to report such facts in writing promptly and fully to the Department.
B. Except as otherwise provided in the terms and conditions of this contract, the author or the Department is free to copyright any books, publications or other copyrightable material developed in the course of or under this contract.
C. All publications, including pamphlets, artwork and reports shall be submitted to the Department on disk or electronically.
I / 119 / Consultant/Study Contract / A. The Contractor agrees not to release any information, findings, research, reports, recommendations or other material developed or utilized during or as a result of this contract until such time as the information has been provided to the Department, appropriately presented to the Board of Human Resources and made a matter of public record.
B. The Contractor further agrees that any research, study, review or analysis of the consumers/customers/clients served under this contract by any outside individual or organization must be conducted in conformance with Department of Human Resources policy.
C. All products developed/collected shall be the property of the Department and may be subject to review and validation by the Department prior to completion of study.
I / 120 / Contractor/Subcontractor License Requirements / A. The Contractor shall ensure that all subcontractors performing services under this contract maintain any required city, county and state business licenses prior to and during the performance of this contract.
B. The Contractor is responsible to ensure that the subcontractors are appropriately licensed to perform any services the subcontractor provides under the terms of this contract.
C. The Contractor agrees that if it loses or has sanctioned any license, certification or accreditation required by this contract or state and federal laws that this contract may be terminated immediately.
I / 121 / Drug-Free Workplace / A. If the Contractor is an individual, he or she hereby certifies that he or she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession or use of a controlled substance or marijuana during the performance of this contract.
B. If the Contractor is an entity other than an individual, it hereby certifies that it will comply with the Drug-Free Workplace Act of 1988.
C. The Contractor may be suspended, terminated or debarred if it is determined that they have made false certification hereinabove or have failed to carry out the requirements of federal and state laws.
I / 122 / Federal and Departmental Prohibitions and Requirements Related to Lobbying / A. Pursuant to Section 1352 of Public Law 101-121, the Contractor agrees that:
  1. No federally approved money has been paid to any member of Congress or employee of a member of Congress in an effort to influence the awarding, making, extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
  2. As a condition of receipt of any federal contract, grant, loan or cooperative agreement exceeding $100,000, the Contractor shall file with the Department a signed “Certification Regarding Lobbying” (Annex B).
  3. If non-federally approved money is to be paid to any member of Congress or employee of a member of Congress in an effort to influence the awarding, making, extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement the Contractor shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying”, to the Department.
  4. An updated disclosure form will be filed at the end of each calendar quarter in which any of the following occurs: a cumulative increase of $25,000 or more in the amount to be paid for attempting to influence a covered federal action; a change in the individual or persons attempting to influence a covered federal action; a change in the officer(s), employee(s), or member(s) contracted to influence a covered federal action.
B. The Contractor further agrees that in accordance with the federal appropriations act:
  1. No part of any federal funds contained in this contract shall be used for any type of publicity or propaganda purposes designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself.
  2. No part of any federal funds contained in this contract shall be used to pay the salary or expenses of any grant or contract recipient related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.
C. The Contractor agrees that no part of any state funds contained in this contract shall be used for any type of publicity or propaganda purposes designed to support or defeat legislation pending before the General Assembly or any committee thereof or the approval or veto of legislation by the Governor.
I / 123 / Criminal Records Investigations / A. The Contractor agrees that, for filling positions or classes of positions having direct care/treatment/custodial responsibilities for services rendered under this contract, applicants selected for such positions shall undergo a criminal record history investigation which will include a fingerprint record check.
B. After receiving the information from the Georgia Crime Information Center or other appropriate source, the Department will review any derogatory information and if the crime is one which is prohibited by published criteria within the Department, the Contractor will be informed and the identified individual will not be employed for the purpose of providing services under this contract.
C. The Contractor agrees to complete a criminal records check, including fingerprint record checks, of all Foster Parents from the National Crime Information Center (NCIC). The Contractor must obtain satisfactory results of fingerprint record checks before the placement of the child.
D. The provisions of this paragraph do not apply to persons employed in day-care centers, group day-care homes, family day-care homes, child-caring institutions or child care learning centers which are required to be licensed, registered or commissioned by the Department or by the Georgia Department of Early Care and Learning or to personal care homes required to be licensed, permitted or registered by the Department.
I / 124 / AIDS Policy / A. The Contractor agrees not to discriminate against any consumer/customer/client who may have AIDS or be infected with Human Immunodeficiency Virus (HIV). The Contractor further agrees to provide appropriate AIDS training to its employees and to refer those consumers/customers/clients requesting additional AIDS related services or information to the appropriate county health department.
B. If the Contractor is a county board of health, it agrees to comply with the Joint Advisory Notice entitled “Protection Against Occupational Exposure to Hepatitis B Virus and HIV”.
I / 125 / Indemnification /
  • The Contractor agrees not to hold the State of Georgia or any of its Departments or employees liable for loss, injury or death due to any event or action happening in connection with this contract.

I / 126 / Debarment /
  • The Contractor certifies by signing Annex C that neither it nor any of its principles are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this contract by any federal department or agency.